Ohio Family Law Blog

What factors will affect your child custody issue?

In many divorce cases in Ohio, the most important issue for the parties involved is child custody. Some couples are able to work out an agreement on how the issue will be handled, but there are many who simply cannot agree. After all, the parties in a divorce often are not coming from a good place, especially in how they agree or disagree. What factors affect child custody issues?

Well, for starters, it will be important to address both legal custody and physical custody. Legal custody refers to the right to make choices for how the child will be raised, such as where the child will attend school and what religious practices the child will be raised in. Physical custody refers to where the child will actually reside: when, with who and for how long.

Dealing with problems paying child support

There are thousands of parents in Ohio who are bound to comply with a child support order from a court. For some, child support payments are not a problem, and they willing make the monthly payments in order to attempt to ensure that their children have what they need. However, there are many parents who struggle with child support orders, and they do everything they can to make sure that the payments are made in full and on time. But, they may still come up short.

A recent report noted some of the problems that parents may face when they are ordered to comply with a child support order. The main problem? Getting behind in payments, or owing payments "in arrears," as it is usually called. When payments are not made in full and on time, the amount owed in arrears can balloon incredibly. Even parents who attempt to pay extra when they do try to catch up on payments may find that they simply lack the financial resources to do so.

Mediation can put you in the driver's seat during your divorce

During divorce, it is natural for you to feel as though your life is out of control. After all, the process can easily feel like an emotional and financial roller coaster.

However, divorce mediation may help you and your spouse to take full control of the process of planning your lives long-term. Here is a look at what mediation involves and how it may benefit you during your marital breakup in Ohio.

Unique issues with child support in cases in Ohio

Any issues in a divorce case that involve children can be highly contentious. Child support is one part of that aspect of these types of cases. While every parent obviously wants to take care of their children, being ordered by a court to pay money to an ex-spouse can rub some people the wrong way. And, any given case can have some unique child support issues to address.

For most people, there are benefits to attempting to negotiate an agreement out-of-court with a soon-to-be ex-spouse. While movies and televisions shows like to portray divorce cases as all-out courtroom battles, the reality is quite different. Many divorcing couples, even though their marriage is coming to an end, can appreciate the savings in both time and money that can come with attempting to work out an agreement that is mutually acceptable. Determining a child support amount that can be legally ratified by the court can be a part of such an agreement.

Getting a fair share during property division in a divorce

Ohio residents who are going through a divorce are likely to become familiar with a crucial legal term: "marital assets." Outside of child custody and support issues, the division of marital assets is likely to be among the most important issues for most people in a divorce. Why? Well, after years of marriage, you want to make sure that one gets their fair share during the property division part of a divorce.

However, getting a fair share may be more difficult than many people might think at first. One reason is because of the definition of what exactly is included in the marital assets. Some spouses may claim that certain property is not a part of the assets that should be split because they are not owned jointly. Such a claim could be successful in setting aside the property at issue, thereby reducing the total amount of assets that would be subject to the "equitable distribution" of the marital assets.

The divorce Ohio rate is dropping -- is it due to "millennials"?

For years, many lamented the rising number of divorces that ended marriages in America, to the point where most people believed it was "common knowledge" that half of all marriages would end in a divorce. However, that common refrain may not be as accurate as it might have been in years past.

According to a recent report, over the course of an eight-year period from 2008 to 2016, the divorce rate in America declined by 18 percent. That is a significant change in the divorce trends in our country. The recent report, which referenced a study by the University of Maryland, claimed that the decline was due to the fact that many younger people are waiting longer to get married -- with the presumption that they are more mature when they do, in fact, decide to, "tie the knot."

What do your kids need from you in the middle of a divorce?

Thousands of Ohio residents go through the divorce process each year. Although the circumstances of any given divorce case can vary widely, there are certain issues that will likely be addressed in almost every case: alimony; child custody; child support; property division; and the applicability of prenuptial agreements. However, in the middle of a divorce, which can feel chaotic at times, parents should be focused on one thing above all: the impact of the divorce on their kids.

What do your kids need form you in the middle of a divorce? Well, a recent report noted quite a few tips for parents to heed in the best-case scenarios. For starters, think about the questions that your kids will have about why their parents are no longer going to be married. This can be hard to perceive, but many kids will be thinking that the divorce may be their fault, or that they may be separated from their siblings in some way. Other kids might think that the divorce is a reflection of how their parents feel about them, not the other parent. When it comes to divorce, the parents need to be the adults in the room and try to work together, as much as possible, to make the divorce issue cause less anxiety for their kids.

Do I really need an attorney for my divorce?

If you and your spouse have decided to divorce, you may already be exhausted thinking about the details you must attend to. If you have no children, you are likely working out the best way to divide your joint property. If children are involved, you may be fighting through emotions to ensure the best outcome for them.

Perhaps you are among the fortunate couples who feel their divorce will be amicable and simple. You may already be discussing some of the major sticking points, such as who gets the house and how to divide holidays with the children. Because of this, you may feel that hiring an attorney will just complicate things even further. However, you may be overlooking important benefits to having a legal professional on your side.

Divorcing? You should reconsider your estate plan

If you are going through a divorce, estate planning may be the last thing on your mind. However, you should not neglect your estate-planning documents during this time of upheaval. Revising your estate plan during or after your divorce is a crucial step that many people neglect.

Why is estate-planning important in a divorce?

Financial issues that bog down divorce negotiations

Like many couples seeking divorce, you may reject the idea that your breakup must be one of disputes and contention. More options are available to couples than in former years, and many Ohio family courts encourage couples to follow gentler paths to divorce than litigation. If you have children, you may have an added incentive to make your divorce as amicable as possible.

Rather than going through the stressful and expensive process of divorce litigation, you and your spouse have agreed to mediation or collaboration as a way to end your marriage. Perhaps you foresee reaching reasonable agreements with your spouse over the important issues, especially those concerning the children. However, money issues can bring your negotiations to a grinding halt, and it may help you to be aware of the most common financial issues that cause amicable negotiations to break down.

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